• Divorce Question

I am a victim of domestic violence and living with my parents for last 1.5 yrs. I filed a divorce case (In family court) last year. My husband is very violent and possessive and isn't willing to cooperate for divorce. He never showed up in last 3 hearing. Today my lawyer told me all his summons were returned back unanswered. We have a new date in July 2016. I have two questions;

1.My husband keeps harassing me by calling/texting. He knows when the hearing dates are and he challenges me on phone that he isnt going to appear in court and I can do whatever I want. If summons are returning unanswered, how  does he know the dates and details of the case I have filed.

2. He has missed first 3 hearings in the family court and I have always been present along with my lawyer. We have got a 4th date now in July. What will happen if he doesn't appear in court again? Till what time court will have to wait before granting me divorce?

3. My husband worked as a recovery agent for banks so deals with a lots of court cases. Is it possible that he can influence the court or our lawyer in any way? I am worried because my lawyer doesnt talk much or explain things/next steps to me in detail.

I live in very small town of uttrakhan with my parents and 2 children and have to travel 100 KMs for hearing at a court in nearby city. Being a very small city, I am bit concerned if I am  receiving proper guidance from my lawyer or not.

Will highly appreciate if you can answer my above questions.

Regards
Asked 6 months ago in Family Law from United States
Religion: Hindu
1) your husband must have managed the postman 

2) your husband must have checked the court records of case filed against him 

3) it is necessary for summons to be served upon your husband . apply to court for substituted service ier paper publication

4) if after service of summons he dose not appear for 3 dates court can proceed exparte with your divorce case 

5) your husband cannot influence the judge in family court 

7) if you are unhappy with your lawyer engage another lawyer 

8) you can always seek guidance on this forum 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hi, your husband tried to avoid the summons for one reasons or the other so you have to file an application under order 5 rule 20(1-a) of the Code of Civil Procedure, for summons through substitute services i.e by way of paper publication.

2. After publication of the summons in the news paper court will placed ex-parte and proceed further.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1.My husband keeps harassing me by calling/texting. He knows when the hearing dates are and he challenges me on phone that he isnt going to appear in court and I can do whatever I want. If summons are returning unanswered, how  does he know the dates and details of the case I have filed.

He might be gathering information through an advocate or a reliable source who he had engaged for this purpose.
This information can be obtained by anyone, there is no restriction to it. He can get the information through ecourt website too.






2. He has missed first 3 hearings in the family court and I have always been present along with my lawyer. We have got a 4th date now in July. What will happen if he doesn't appear in court again? Till what time court will have to wait before granting me divorce?

On the next date of hearing if he fails to appear or if the summons are returned undelivered, then your lawyer must request the court to permit you to process the service of summons through substituted service and he may file a petition under order V rule 20 seeking to serve the summons through a local newspaper and the publication may be sought to be published in two languages, i.e., in English and local vernacular language too.







3. My husband worked as a recovery agent for banks so deals with a lots of court cases. Is it possible that he can influence the court or our lawyer in any way? I am worried because my lawyer doesnt talk much or explain things/next steps to me in detail.

If your lawyer is not cooperating or you are not comfortable with him/her, you may think about changing the lawyer, but see to ti that you can find no lawyer suiting to your anxiety, so better have patience.





I live in very small town of uttrakhan with my parents and 2 children and have to travel 100 KMs for hearing at a court in nearby city. Being a very small city, I am bit concerned if I am  receiving proper guidance from my lawyer or not.

Your are helpless so you have to believe in your lawyer to some extent until you find any symptoms inhim to act indifferently.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
 'Summons to be served' - Does that mean in my case 3 summons have been served already even if those were returned back? Or only those summons are considered served which are accepted by my husband?
If only delivered/received summons are counted, do I need to service 3 times via paper publication or only one paper publication will work before court gives its decision?

Service of summons is completed only when it has actually been served on the party, if it is returned undelivered then it can be deemed as not served though you have sent it umpteen no. of times. 
Service of summons through newspaper publication can be done at one time itself, if he is failing to turn up after that also then he may be called absent and set exparte after which you will be called in to depose evidence and the case may be decreed exparte in your favor as prayed for
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
1) If  summons are returned with endorsement refused summons are served . If husband has accepted Simmons are served 

2) it all depends upon postal remarks on the envelope 

3) if summons could not be served as per court orders you can do paper publication in 2 local newspapers 

4) it had to be done only once
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. The court will eventually proceed ex parte against him if he does not take summons or does not appear after the summons are served in accordance with the law. 

2. Judges and lawyers are also human beings who can be influenced, but it is unlikely that he can do that in facts and circumstances of the case. Nobody can influence a lawyer or judge unless he is willing to be influenced.

3. Why are you appearing personally in the court on every hearing when the presence of your lawyer shall suffice?
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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